So does anyone know what happened ot the drone shot down in Kentucky?

Jeff is actually an attorney.

Then I would be surprised if he didn't agree with what I wrote. I did not disagree with his premise, merely expanded on it to clarify the blanket "black and white" statement that some were likely to infer.
 
Then I would be surprised if he didn't agree with what I wrote. I did not disagree with his premise, merely expanded on it to clarify the blanket "black and white" statement that some were likely to infer.

Sorry to disappoint, but I don't believe that a simple trespass is an affirmative defense for criminal damage to property in any jurisdiction.
 
Sorry to disappoint, but I don't believe that a simple trespass is an affirmative defense for criminal damage to property in any jurisdiction.

Neither do I. Nor is it what I wrote. My only disappointment is your misunderstanding of post. No apology is necessary.

Seems you were directly involved with this case as you are more well versed in the details and local laws which applied.

Since you are an experienced lawyer in this area, I will defer to your claim that this judge was wrong and your implication that under no circumstances is there ever any justification for damaging (intentionally or otherwise) someone else's property. While I disagree with that blanket generality, I thank you for the clarification.
 
Just to clarify, I was not directly involved in this case nor am I providing a legal opinion about the laws of the state of Kentucky.
 
Since the FAA has classified quads as aircraft and it is against federal law to interfere with the flight and/or operation of any aircraft, why hasn't the FAA filed charges against the shooter? It seems to me even if he had used a slingshot he would be in violation.
 
Thanks to the posters who posted updates on this. I remember the incident when it happened, but the follow-up media coverage has been nonexistent.

Never would have expected this outcome. I suspect the civil case will go in a different direction.

Some people are making the comparison to shooting a dog or a vehicle that trespasses. That is not a valid comparison. Shooting a dog or occupied vehicle is attempting to take a life. Deadly force against people is certainly illegal, and there are similar laws regarding pets in most areas. Even wildlife would usually require a valid hunting license and be subject to several restrictions.

A better comparison would be if someone drove an RC car into your yard, or reached over your fence and placed an RC boat into your pool. If I saw an RC car driving through my yard (where my kids/pets were playing) I wouldn't hesitate to stop it - most likely by stepping on it or dropping something on it. Such action would certainly turn it into a pile of broken plastic. I would feel justified in my actions. Moreso if the RC vehicle had a camera on it.

Not as easy to do for an object even 20 or 30 feet in the air. While I don't necessarily condone the method of takedown used (would depend on the details and circumstance - it could be done safely. The judge seemed to agree that the discharge did not put anyone in danger) but it certainly seems like there weren't other options to stop the vehicle in this case. My guess is that this is part of the logic used by the judge in his decision.

I see many posts on this forum talking about the dangers of flying over people. Seems like the pilot in this case did exactly that (and seemingly without much knowledge or experience at the controls). It would appear that the pilot is the more dangerous person in this story.

What ever happened to calling the authorities who are trained for and supposed to handle these kinds of problems? Just a reminder to you, that it is AGAINST the law to interfere with the flight and operation of any aircraft. You might end up being the one paying a huge fine and/or meeting bubba at the local jail.
 
What ever happened to calling the authorities who are trained for and supposed to handle these kinds of problems? Just a reminder to you, that it is AGAINST the law to interfere with the flight and operation of any aircraft. You might end up being the one paying a huge fine and/or meeting bubba at the local jail.

I have no fears of paying fines or ending up in jail. Especially since I have no intention of shooting a gun in my yard at a drone. Not sure how you arrived at that assumption.

Interfering with "the flight and operation of any aircraft" is "illegal." So when some twit flies their Phantom into my backyard and into my kid's head I guess my kid goes to federal lockup for 20 years to life (after he gets out of the hospital)? Will my homeowner's policy defend me for building a home in my neighbor's flight path when his drone crashes through my window?

The hypocrisy on this forum is amazing.

Isn't is also against the "rules" to fly over people? Don't people on this forum constantly berate others for flying over people? What is that not okay until a non-flyer has a problem with a drone buzzing by his head in his own backyard?

Every situation is different. Sure, call the "authorities." The local police will likely take longer to response than the flight time of a single Phantom battery. The FAA might take weeks to response to your request. File your "report." Nothing wrong with that. There are also situations where immediate action is needed to protect yourself and your family.

Everyone likes to point out the idiots who "do dumb things" and blame them for the public outcry against "drones" People flying over other's backyards - trespassing and harassing their neighbors - are a big part of that. Trespass is illegal. Endangering the welfare of others is illegal. Damage to others or their property is illegal. I suspect the person flying the machine is in greater danger of paying fines or seeing a jail cell than the people protecting themselves. Especially considering the judge's ruling in the incident being discussed.'

It may a a disappointment for self-righteous wannabe pilots such as yourself, but my private property is MINE. I bought the land and pay the taxes. You have no special right to walk, drive or fly onto it without invitation. You have no right to put my safety at risk.

To place a hobby quadcopter in the same class as a commercial passenger jet shows how out of touch the FAA is. (Hint, it's not a safety thing, it's a control and money thing).

To suggest that "interfere with the flight and operation of any aircraft" should mean similar penalties (i.e. jail time) for taking down a passenger jet vs throwing a rock at at toy shows how out of touch some hobbyists are.

Flying over someone's backyard is wrong. Destroying someone's toy copter is wrong. I'm not sure jail time is an appropriate punishment for either. Two wrongs don't make a right (three lefts do). According to what the FAA and AMA say - and what I read on various forums - it is the "pilot" who is the real criminal here since he/she is the one flying over people and putting them in harm's way. The UAV community should be happy that their flying machine was destroyed.
 

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